Home Costa Blanca The new Valencian law on tourist housing toughens up with sanctions up to 600,000 euros

The new Valencian law on tourist housing toughens up with sanctions up to 600,000 euros

It is important to note that most of the decision-making to limit and monitor will be left in the hands of the town councils.

by Loraine Gostling
  • It will allow you to evict annoying guests without refunding them
  • Will combat tourist room rentals and prohibit key code boxes
  • The Valencian Community has more than 105,000 registered

The Valencian Generalitat will approve its new regulation for the use of tourist accommodation in the Valencian Community, 
as are many administrations throughout Spain. A new regulation comes in the midst of controversy over tourist saturation in certain cities and will toughens current sanctions and reinforce existing prohibitions, albeit that most of the decision-making to limit and monitor will be left in the hands of the town councils.

Among the main changes:-

The decree significantly increases the sanctions and the amount of the same, which could reach up to 600,000 euros in the case of very serious cases, according to the councillor Nuria Montes. Along these lines, two new infractions are incorporated: one serious (refusal of the owners to provide the identity of the owners or documentation) and another very serious one (renting by rooms only).

The rental of tourist rooms in homes, which is already prohibited by current regulations, is one of the major issues that are being addressed. Montes herself pointed out that despite the ban, they had found more than 5,000 rooms in the Valencia capital with homes rented for less than 10 days on tourist platforms, something that she believes will be affected by the sharp increase in fines.

The Ministry emphasises that the municipalities are given autonomy so that each one has the power to “decide what model of city they want” and to be able to limit this use of housing as tourist accommodation according to their specific circumstances. For example, they will be able to limit a maximum number of tourist housing units per building or set these limitations by area according to the situation of each municipality. The capital of Valencia has already approved the suspension of new licences for one year .

The possibility is also contemplated that the power to initiate, investigate and resolve sanctioning procedures for minor, serious and very serious infringements in relation to tourist housing located within its territorial area may be delegated to the municipalities.

Evicting disruptive guests

In addition, measures are included to be able to evict guests or users who do not comply with the rules of the tourist accommodation in which they are staying, without the right to reimbursement or compensation. In addition, it is required to identify the people who are going to stay in the tourist accommodation and the owners of the tourist accommodation will be subsidiarily liable for any infringements committed. According to the Generalitat, currently only the person who sells the accommodation is liable, which is not always the owner.

The law, which the Valencian president himself, also prohibits one of the most visible symbols of the proliferation of tourist accommodation on many streets, the boxes with codes on the doors of the proepert entrances to collect the keys . They cannot be installed either outside or in the common areas of the buildings.

Among the new obligations for property owners is that the cadastral reference of the tourist accommodation must be communicated before December 31st or it will be removed from the Registry.

The responsible declarations submitted to the Generalitat to obtain our authorisation will have to be renewed every 5 years to allow for adaptation to a constantly evolving offer.

If a property is sold, a new licence is required

Furthermore, given the diversion of residential rental housing to tourist rental, in the case of changes in ownership of the property for tourist use due to its sale, it will be mandatory to renew the license and start the process from scratch to obtain the authorisation. That is, the license will be linked to the owner of the home and not to the property in order to avoid speculation with the licenses.

For new tourist homes, the declaration of responsibility will also include a statement certifying that the community of owners where it is located does not prohibit the establishment of tourist homes , as permitted by the Horizontal Property Law. Lying in a declaration of responsibility is a criminal offence of document falsification.

There are more than 105,000 registered tourist homes in the Valencian Community , 165% more than in 2015. The majority, almost 73,000, are concentrated in the province of Alicante.

Source: https://www.eleconomista.es/

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